Can US Law Enforcement Access Information On Irish Servers? – The Microsoft Saga

In the past few months, Ireland has found itself at the centre of an intense battle over whether US authorities can access data on Irish-based Microsoft servers. The debate has continued with a recent decision of the New York District Court to remove the suspension on the warrant ordering the handover. Following this decision, on 5 September 2014 the case shifted up a gear with Microsoft voluntarily entering contempt and proceeding to the Second Circuit Court of Appeals to continue the case. With the case soon entering Round 3, we take a look at the issues.

Background

In late 2013, a federal Magistrate in New York granted a search warrant under the US Stored Communications Act ("SCA") against data held by Microsoft Corporation. The warrant was issued for both user and content (email) data as part of an on-going investigation into narcotics trafficking. The relevant data is stored on Microsoft's Irish servers. Microsoft unsuccessfully challenged the warrant in front